Conditional medical release expansion to include geriatric and nonmedical release provision

A bill for an act

relating to corrections; expanding conditional medical release to include geriatric

and nonmedical release; requiring a report; amending Minnesota Statutes 2024,

section 244.05, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision

to read:

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Subd. 8a.

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Conditional geriatric release; eligibility.

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(a) An incarcerated person is eligible

for conditional geriatric release if the person:

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(1) is at least 55 years of age and has served the greater of ten years or 50 percent of the

sentence to be served; or

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(2) is at least 60 years of age and has served at least 20 years.

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(b) Eligible persons must demonstrate a chronic or serious medical condition associated

with the aging process that substantially diminishes the individual's ability to function within

a correctional facility and for which conventional treatment promises no substantial

improvement.

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(c) A petition may be submitted by the person, the person's attorney, a family member,

medical director, warden, or advocacy organization. The commissioner must acknowledge

receipt within three business days and issue a written decision within 30 days after receipt.

If no decision is issued within 30 days, the applicant may petition the sentencing court for

review.

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(d) In determining release eligibility, the commissioner must consider the nature and

circumstances of the offense, institutional adjustment, disciplinary record, victim impact

statements, risk assessments, and whether release would pose a danger to any person or the

community.

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(e) A release granted under this subdivision operates as a conditional release. The

commissioner must require periodic medical review every 12 months and may revoke release

if the individual's medical condition materially improves or for violation of supervision

conditions.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 2.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to

read:

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Subd. 8b.

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Family caregiver release.

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(a) An incarcerated person may apply for conditional

family caregiver release if the person is the parent of a minor child or the legal spouse or

domestic partner of an individual who has become incapacitated and no other adequate

family caregiver is available.

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(b) The application must include verifiable medical records or a death certificate showing

incapacitation or death of the caregiver; documentation of parentage or marriage; a detailed

release plan demonstrating housing, financial support, and care arrangements; and

authorization to obtain supporting records.

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(c) The warden must convene a multidisciplinary committee including medical, social

services, and program staff to investigate and recommend approval or denial within 30 days

of receipt. If approved, the commissioner must determine appropriate supervision conditions.

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(d) Failure of a person granted conditional family caregiver release to fulfill the caregiving

responsibility may be treated as a violation of release conditions and subject the person to

revocation of conditional family caregiver release.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 3.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to

read:

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Subd. 8c.

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Extraordinary and compelling circumstances.

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(a) The commissioner may

grant conditional release for extraordinary and compelling reasons comparable to those

listed in United States Code, title 18, section 3582(c)(1)(A), including but not limited to

terminal illness, debilitating injury or pregnancy, advanced age, or extraordinary family

circumstances.

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(b) Applications must be reviewed using the criteria in subdivision 8a, paragraph (d),

and processed within 30 days. Denials must be in writing and include specific reasons. An

applicant may petition the sentencing court after 30 days or upon final administrative denial.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 4.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to

read:

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Subd. 8d.

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Transparency and reporting.

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(a) The commissioner must maintain a publicly

accessible database tracking conditional medical, geriatric, and nonmedical release requests,

including the number of applications received, granted, and denied; the average processing

time; and the criteria relied upon to make decisions on requests.

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(b) By January 15, 2028, and each year thereafter, the commissioner must submit a

report to the chairs and ranking minority members of the legislative committees with

jurisdiction over corrections detailing data required under paragraph (a) and projected cost

savings resulting from conditional medical, geriatric, and nonmedical release.

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(c) The commissioner must adopt rules to implement this section consistent with

evidence-based public safety standards and the criteria established by the federal Bureau

of Prisons Program Statement 5050.50 (January 17, 2019).

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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